1. How long was the criminal suspect sentenced for allegedly reselling cultural relics?
The sentencing standard for the crime of reselling cultural relics is generally fixed-term imprisonment of not more than five years or criminal detention, and a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
criminal law
Article 326
The crime of reselling cultural relics is to resell cultural relics prohibited by the state for profit. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Second, what is the filing standard for the crime of reselling cultural relics?
1, reselling third-class cultural relics;
2. The transaction amount is more than 50,000 yuan;
3. Other serious circumstances.
3. What are the criteria for determining that the crime of reselling cultural relics is particularly serious?
1, reselling cultural relics above level 2.
2, reselling more than five third-class cultural relics.
3. The transaction amount is more than 250,000 yuan.
4. Other circumstances are particularly serious.
4. What situations should investigators suspected of reselling cultural relics avoid?
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
5. What is the procedure after the sentence for the crime of reselling cultural relics?
1, to examine whether the criminal judgment of the people's court has taken legal effect, whether the copy of the indictment of the people's procuratorate, the judgment of the people's court, the notice of execution and the registration form for closing the case are complete, and whether the records are wrong;
2, check whether the criminal has a serious illness;
3. Personal and article inspection;
4. Fill in the prison inmates registration form;
5. After a prisoner is put into prison, the prison shall promptly notify his family members and issue a notice within 5 days after he is put into prison.
The legal system prohibits any unit or individual from reselling cultural relics. If a criminal suspect suspected of reselling cultural relics has surrendered himself or made significant meritorious service, the court may, in combination with the circumstances of the crime, appropriately give him a lighter punishment within the statutory scope. Even if the suspect does not admit his crime, he should bear criminal responsibility as long as the evidence is sufficient.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 326 of the Criminal Law of People's Republic of China (PRC) resells cultural relics prohibited by the state. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.